(1) A person infringes a registered design if, during the
term of registration of the design, and without the licence or
authority of the registered owner of the design, the person:

(a) makes or offers to make a product, in relation to which
the design is registered, which embodies a design that is identical
to, or substantially similar in overall impression to, the
registered design; or

(b) imports such a product into Australia for sale, or for
use for the purposes of any trade or business; or

(c) sells, hires or otherwise disposes of, or offers to sell,
hire or otherwise dispose of, such a product; or

(d) uses such a product in any way for the purposes of any
trade or business; or

(e) keeps such a product for the purpose of doing any of the
things mentioned in paragraph (c) or (d).

(2) Despite subsection (1), a person does not infringe a
registered design if:

(a) the person imports a product, in relation to which the
design is registered, which embodies a design that is identical to,
or substantially similar in overall impression to, the registered
design; and

(b) the product embodies the design with the licence or
authority of the registered owner of the design.

(3) In determining whether an allegedly infringing design is
substantially similar in overall impression to the registered
design, a court is to consider the factors specified in
section 19.

(4) Infringement proceedings must be started within 6 years
from the day on which the alleged infringement occurred.

(1) Despite subsection 71(1), a person does not infringe a
registered design if:

(a) the person uses, or authorises another person to use, a
product:

(i) in relation to which the design is registered; and

(ii) which embodies a design that is identical to, or
substantially similar in overall impression to, the registered
design; and

(b) the product is a component part of a complex product;
and

(c) the use or authorisation is for the purpose of the repair
of the complex product so as to restore its overall appearance in
whole or part.

(2) If:

(a) a person uses or authorises another person to use a
product:

(i) in relation to which a design is registered; and

(ii) which embodies a design that is identical to, or
substantially similar in overall impression to, the registered
design; and

(b) the person asserts in infringement proceedings that,
because of the operation of subsection (1), the use or
authorisation did not infringe the registered design;

the registered owner of the design bears the
burden of proving that the person knew, or ought reasonably to have
known, that the use or authorisation was not for the purpose
mentioned in paragraph (1)(c).

(3) For the purposes of subsection (1):

(a) a repair is taken to be so as to restore the overall
appearance of a complex product in whole if the overall appearance
of the complex product immediately after the repair is not
materially different from its original overall appearance; and

(b) a repair is taken to be so as to restore the overall
appearance of a complex product in part if any material difference
between:

(i) the original overall appearance of the complex product;
and

(ii) the overall appearance of the complex product
immediately after the repair;

is solely attributable to the fact that only part of the complex
product has been repaired.

(4) In applying subsection (3), a court must apply the
standard of the informed user.

(5) In this section:

repair , in relation to a
complex product, includes the following:

(a) restoring a decayed or damaged component part of the
complex product to a good or sound condition;

(b) replacing a decayed or damaged component part of the
complex product with a component part in good or sound
condition;

(c) necessarily replacing incidental items when restoring or
replacing a decayed or damaged component part of the complex
product;

(d) carrying out maintenance on the complex product.

standard of the informed user ,
in relation to the overall appearance of a complex product, means
the standard of a person who is familiar with the complex product,
or with products similar to that product.

use , in relation to a product,
means:

(a) to make or offer to make the product; or

(b) to import the product into Australia for sale, or for use
for the purposes of any trade or business; or

(c) to sell, hire or otherwise dispose of, or offer to sell,
hire or otherwise dispose of, the product; or

(d) to use the product in any other way for the purposes of
any trade or business; or

(e) to keep the product for the purpose of doing any of the
things mentioned in paragraph (c) or (d).

(1) The registered owner of a registered design may bring
proceedings against another person alleging that the person has
infringed the registered design.

(2) Infringement proceedings may be brought in a prescribed
court or in another court that has jurisdiction in relation to the
proceedings.

(3) However, infringement proceedings may not be brought
under subsection (1) until:

(a) the design has been examined under Chapter 5;
and

(b) a certificate of examination has been issued.

(4) If a person files an application under section 21
for registration of a design as a result of the operation of
section 55, the person may only bring infringement proceedings
in respect of infringements of the design occurring after the date
on which the application was filed under section 21.

(1) Without limiting the relief that a court may grant in
infringement proceedings, the relief may include:

(a) an injunction subject to such terms as the court thinks
fit; and

(b) at the option of the plaintiff—damages or an
account of profits.

(2) The court may refuse to award damages, reduce the damages
that would otherwise be awarded, or refuse to make an order for an
account of profits, if the defendant satisfies the court:

(a) in the case of primary infringement:

(i) that at the time of the infringement, the defendant was
not aware that the design was registered; and

(ii) that before that time, the defendant had taken all
reasonable steps to ascertain whether the design was registered;
or

(b) in the case of secondary infringement—that at the
time of the infringement, the defendant was not aware, and could
not reasonably have been expected to be aware, that the design was
registered.

(3) The court may award such additional damages as it
considers appropriate, having regard to the flagrancy of the
infringement and all other relevant matters.

(4) It is prima facie evidence that the defendant was aware
that the design was registered if the product embodying the
registered design to which the infringement proceedings relate, or
the packaging of the product, is marked so as to indicate
registration of the design.